Cohen

We must decide whether a garbage contractor seeking to serve a naval base has standing under the Administrative Procedure Act to sue the United States for allegedly disregarding the contractor’s exclusive waste-disposal rights granted by the local municipality.

*1003 I

The United States Navy operates the Puget Sound Naval Shipyard in the city of Brem-erton, Washington. Pursuant to municipal contract and code, Brem-Air Disposal, Inc., claims to be the exclusive contractor for the collection and disposal of all solid waste generated in Bremerton. 1 According to Brem-Air, its garbage-collection rights extend to the shipyard. In 1995, however, when the Navy anticipated a need for waste-disposal services, it did not hire Brem-Air; instead, it initiated a competitive bidding process. Brem-Air did not take part in this process, submitting neither a bid nor a protest. Eventually, the Navy awarded the contract to one of Brem-Air’s competitors.

Seeking declaratory, injunctive, and monetary relief, Brem-Air sued the United States and three of its officers (collectively “the Navy”). Brem-Air’s theory of recovery was that — although the Competition in Contracting Act (“CICA”), 31 U.S.C. §§…